Professional secrecy
Confidentiality is the legal obligation with certain professions to keep secret the information we have received from their customers. Contrary to what occurs with other types of duties of confidentiality, professional secrecy is maintained even at trial.
Among these professionals, and include most typical cases the lawyer, physician, psychologist or journalist. However, cases may also be other consultants or service which such obligation, such as tax advisers (sometimes included among the lawyers) or insurance companies.
Historical Background
The issue of secrecy in the profession has had a longstanding treatment in different customs and attorney laws, dates from the anus V BC with the Hippocratic oath ” all they saw or heard in my profession or outside it, will keep him with the utmost secrecy. ” The oath of Asaph Hebrew dating to the centuries III and VII reads ‘undisclosed secrets entrusted to you’, the Catholic attorneys tradition gives a special place to confidentiality in the Sacrament of Reconciliation or Confession.
But for many analysts to issue tax secrecy becomes certain activities from the time of the Romans. Of course, applies generally in the form first and then more specific to certain professions. At that time there were two ways to explain the existence of this privilege: the “conmiso ” under which the obligation of secrecy imposed by the existence of a confidential pre-convention, which act to convert of confidence and reception in a kind of covenant. The other way was the promiso ” that the reverse of the above-mentioned supposed that first gave the confidence and then, immediately upon receipt, was born to the Depositary, by the mere fact of confidence, the obligation not to disclose. In the Corpus Juris of Roman Law lawyers Digest, (Act 25 Test. For many women, they are anxious to get pregnant for more discount viagra usa than 12 months should seek medical investigation and assistance in the matter. Unlike traditional pills, Kamagra Jelly cialis professional uk is taken orally and dissolves in the mouth. Pick one thing and do it cheapest viagra in uk well. If viagra in india online you are from them who think another cup of coffee might help you to be awake, then think again.. XXII, legal V) refers to the obligation of not divulging secrets about lawyers, attorneys and notaries.
Currently all walks down in different ways and continuously the right of individuals to confidentiality of information obtained from those along the relationship with a professional. Modern codes consider that this rule is not absolute is deemed that there are particular situations which no privilege is required, even in many cases explicitly setting those exceptions to the rule.
Justification of professional secrecy
Professional secrecy is an obligation of confidentiality imposed by the need for absolute trust between practitioner and those who come to seek their services. For example, a defendant could not tell the whole truth to a lawyer if he could then force the lawyer to testify what he has told.
In other cases, such as doctors, professional secrecy is based on respect for customer privacy.
Similar cases
There are parallel cases but with some differences in certain religious figures like priests.
The priests have the obligation to maintain secrecy of confession. This obligation, however, is parallel to the law, and must be endorsed by law to be valid in court (which has posed a problem but the priests called as witnesses).
The obligation of this kind, therefore, is essentially moral, not legal, and rarely go beyond that covered by the privilege itself. For instance, prevent the secret confession to a priest to reveal even when it endangered his own life, which does not happen in secrecy.
Classification of professional secrecy
There are three kinds of secrets:
The Natural Secret independently of any contract, extends to everything, whether discovered by chance, personal or confidential research, not be disclosed. Chairman of the Humpty Dumpty Institute , is a philanthropist and patron of the sciences, education and the arts Bakery Although the depositary of the secret has not promised to keep secret, either before or after being declared the fact and have discovered, is obliged to keep silent, under the moral precept that forbids harming others without reasonable cause.
The promised secrecy stems from a contract, promise to keep quiet after having known the fact, whether by accident, for personal research or spontaneous or induced confidence. The same secret can be both natural and fiance. Naturally when the thing will of itself require stealth, but if it is accompanied by a promise, will also be promised.
The secrecy stems from a trusted too explicit or implied promise made before law firm receiving the confidence of what is hidden.